Digital Commons Network^™

Vista: September 13, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: August 31, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Indian Tribes And Human Rights Accountability, Wenona T. Singel

San Diego Law Review

In Indian country, the expansion of self-governance, the growth of the gaming industry, and the increasing interdependence of Indian and non-Indian communities have intensified concern about the possible abuse of power by tribal governments. As tribes gain greater political and economic clout on the world stage, expectations have risen regarding the need for greater government accountability in Indian country. Despite these expectations, Indian tribes are largely immune from external accountability with respect to human rights. In fact, tribes have effectively slipped into a gap in the global system of human rights responsibility. The gap exists in the sense that tribal …

Find The Cost Of Freedom: The State Of Wrongful Conviction Compensation Statutes Across The Country And The Strange Legal Odyssey Of Timothy Atkins, Justice Brooks, Alexander Simpson

San Diego Law Review

Although compensation statutes like California’s have admirable goals, Tim Atkins’s case fell through some substantial cracks that prompted the Authors to write this Article. As two of the many lawyers who have worked on Tim’s case over the years, it has been an incredibly frustrating journey to see him denied compensation after all that has been done to prove his innocence. California’s statute is flawed and is being misinterpreted, just as other compensation statutes are flawed and misinterpreted around the country. This Article looks at those statutes and contextualizes the problems using Tim’s legal odyssey as a framework. Specifically, this …

Vista: May 10, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: May 3, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: April 26, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: April 19, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: March 29, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: March 22, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: March 1, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: February 23, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: February 16, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: February 9, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: February 2, 2012, University Of San Diego

USD Vista (1965-)

No abstract provided.

Age Of An Information Revolution: The Direct-To-Consumer Genetic Testing Industry And The Need For A Holistic Regulatory Approach, Michelle D. Irick

San Diego Law Review

In order to safeguard consumers and ensure the continued progress of a fledgling industry, determining how to interpret results and communicate them with consumers poses one of the most challenging and important tasks. In discussing the challenges the law faces in this area, this Comment will discuss: (1) consumer interfacing issues, such as in advertising and results analysis, faced by the genetic testing industry; (2) the methods DTC companies use in arriving at results and corresponding problems; (3) who may interpret and communicate results; (4) how the DTC genetic testing industry's activities relate to the claims made regarding test results; …

2012 Usd Fact Book, University Of San Diego

USD Fact Books (1985- )

No abstract provided.

Vista: December 8, 2011, University Of San Diego

USD Vista (1965-)

No abstract provided.

Protecting Liberty And Autonomy: Desert/Disease Jurisprudence, Stephen J. Morse

San Diego Law Review

This Article begins by describing the positive law of preventive detention, which I term "desert/disease jurisprudence." Then it provides a brief excursus about risk prediction (estimation), which is at the heart of all preventive detention practices. Part IV considers whether proposed expansions of desert jurisprudence are consistent with retributive theories of justice, which ground desert jurisprudence. I conclude that this is a circle that cannot be squared. The following Part canvasses expansions of disease jurisprudence, especially the involuntary civil commitment of mentally abnormal, sexually violent predators, and the use of post-insanity acquittal involuntary commitment. This Part also considers whether disease …

Prevention As The Primary Goal Of Sentencing: The Modern Case For Indeterminate Dispositions In Criminal Cases, Christopher Slobogin

San Diego Law Review

This Article contends that properly constituted, indeterminate sentencing is both a morally defensible method of preventing crime and the optimal regime for doing so, at least for crimes against person and most other street crimes.

More specifically, the position defended in this Article is that, once a person is convicted of an offense, the duration and nature of sentence should be based on a back-end decision made by experts in recidivism reduction, within broad ranges set by the legislature. Compared to determinate sentencing, the sentencing regime advanced in this Article relies on wider sentence ranges and explicit assessments of risk, …

A Punitive Precondition For Preventive Detention: Lost Status As A Foundation For A Lost Immunity, Alec Walen

San Diego Law Review

This Article argues that the presumption that an actor will be law-abiding, like the right to liberty itself, can be forfeited by criminal actions. In other words, the point is to argue that a just punishment could involve loss of the status of being a beneficiary of this presumption just as much as it could involve the loss of liberty.

In Part II, I introduce a basic framework for detention consistent with respect for autonomy and locate the lost status view within that framework. In Part III, I spell out the lost status view in more detail and contrast it …

Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject To Criminal Punishment And To Preventive Detention, Ken Levy

San Diego Law Review

How should we judge psychopaths, both morally and in the criminal justice system? This Article will argue that psychopaths are often not morally responsible for their bad acts simply because they cannot understand, and therefore be guided by, moral reasons.

Scholars and lawyers who endorse the same conclusion automatically tend to infer from this premise that psychopaths should not be held criminally punishable for their criminal acts. These scholars and lawyers are making this assumption (that just criminal punishment requires moral responsibility) on the basis of one of two deeper assumptions: that either criminal punishment directly requires moral responsibility or …

Vista: November 17, 2011, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: November 10, 2011, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: November 3, 2011, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: October 27, 2011, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: October 20, 2011, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: October 13, 2011, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: October 6, 2011, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: September 29, 2011, University Of San Diego

USD Vista (1965-)

No abstract provided.